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Committee considers expanding ‘Lisa Torrey Smith’ protections to sidewalk curb‑cuts
Summary
Senate Bill 1013 would extend protections in the Lisa Torrey Smith Act to sidewalk areas at curb cuts and driveway exits so sidewalk users — including bicyclists and mobility device users — have the same legal protections as pedestrians in crosswalks; sponsors cited a fatal case involving a 12‑year‑old bicyclist as justification.
Senator Eckhart explained Senate Bill 1013 to the Senate Transportation Committee as a measure to close a gap in the state Transportation Code that, in some circumstances, leaves sidewalk users less protected at locations where a sidewalk continues across a driveway or curb cut.
Eckhart described the origins of the change in the Lisa Torrey Smith Act, enacted in 2021 following a fatal crash, and said the existing code treats “exiting” a driveway differently than other crosswalk and sidewalk contexts. "This gap has created an issue in prosecution under the Lisa Torrey Smith Act," Eckhart said, citing a case in which a 12‑year‑old bicyclist riding on a sidewalk was struck and killed when a driver pulled into a grocery store parking lot.
The bill would expand the statutory definition of a crosswalk in the Transportation Code to include sidewalk areas within the lateral lines of a sidewalk where a curb cut allows a driveway to meet a roadway. The sponsor told the committee SB 1013 would not convert those areas into public property but would ensure sidewalk users receive the same legal protections they have when crossing at a marked crosswalk.
Eckhart said Fort Bend County District Attorney Brian Middleton provided written testimony supporting the bill and that Sergeant Scott Hewitt of the Department of Public Safety was available as a resource witness. The committee took no opposing testimony during the hearing; several witnesses and organizations registered in support of the bill.
The committee left the bill pending and later reported SB 1013 favorably to the full Senate.
